1. The amount of illegal tobacco business is determined to be 1, and he shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention and a fine. Without the permission of the department of tobacco monopoly administration, there is no production license, wholesale license or retail license, and if the circumstances are serious, the benchmark punishment is fixed-term imprisonment of not more than one year: (1) The amount of illegal business operation of an individual reaches 50,000 yuan, or the amount of illegal income reaches 1. (two) the amount of illegal business units reached 500 thousand yuan, or the amount of illegal income reached 6.5438 million yuan; (3) Having been subjected to administrative punishment for illegal business in tobacco products for more than two times, and the amount of illegal business has reached 20,000 yuan. 2, more than five years of fixed-term imprisonment, if the circumstances of illegal tobacco products are particularly serious, the benchmark punishment is less than five years of fixed-term imprisonment. Two. Determination of the crime of illegal business operation 1. The criminal illegality of this crime is consistent with its administrative illegality, that is to say, illegal operators will inevitably violate relevant industrial and commercial laws and regulations, and there will be no criminal illegality without administrative illegality. Under the condition that the current administrative and economic laws and regulations in China are not perfect, it is necessary to deeply understand the spirit of national policy when investigating whether a paste behavior violates the state regulations. For those who are neither suitable for promotion nor in a hurry to ban, we should make the best use of the situation. 2. Subjectively, this crime requires that the perpetrator must be intentional. Those who engage in illegal business because they are unaware of the violation of the law are not considered to constitute this crime, and can only be given administrative punishment. 3. This crime only constitutes a crime if the circumstances of the crime are serious, and whether the circumstances are serious should be determined from the amount and income of illegal business, whether the actor has carried out illegal business activities, whether it has caused great losses to the country or caused other serious consequences, and whether he still refuses to repent after administrative punishment. The above is the knowledge about the determination of illegal tobacco business amount. If you have any questions or further legal needs, you can consult a lawyer online, and we will provide you with quality legal services.
Legal objectivity:
Article 225 of the Criminal Law Whoever, in violation of state regulations, commits one of the following illegal business operations and disrupts the market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or only be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times his illegal income or his property shall be confiscated: (1) dealing in franchise, monopoly goods or other commodities whose business is restricted by laws and administrative regulations without permission; (2) buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations; (three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business; (four) other illegal business activities that seriously disrupt the market order.